Board member copies resident on an email = awkward!

Started by TamaraS4 • 5 replies • 1405 views

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TamaraS4 (California)
Posts: 21

Posted:

Hi,

One of our board members sent an email inquiring into somewhat covert activity by a resident that probably should have been approved by the board before it commenced.

One of the board members who did know about the activity, copied the resident in question on her email response to the board.

Is it okay for a board member to include a non board member on a board matter that is up for discussion?

I ask because the resident in question is not very friendly toward this board member and the board member is very uncomfortable now.

The board member who is uncomfortable approached me because I am the president of the HOA. I'm not sure how to handle this as we have not had an issue like this ever come up. The person who added the resident on her reply has been a resident of our complex for 30 years and considers herself the "Queen Bee Supreme", which doesn't help at all.

In simple terms, shouldn't the board member show discretion and at least ask the board if it is okay to include the resident on the response?

Thank you,

Tammy

TimB4 (Tennessee)
Posts: 21,061

Posted:

Tamara,

You don't go into a lot of specifics. What I've gathered is:

1. A resident is doing something that, at the least, give the appearance of secrecy ("covert activity)".

2. This Activity was discovered by the one or more Board members who question the activity resulting in e-mail activity. It's unclear, but I believe that the mail was just to the Board members.

3. Another Board member, replied to the e-mail but also did a cc to the resident involved.

4. As a result of being included in the e-mail flurry, the resident has some hard feelings toward the board or an individual member.

Your question in all of this is shouldn't the director have asked the board if it is okay to include the resident on the response?

On the surface I would agree that the resident shouldn't have been included in the response.

However, the same result would have happened if the resident had received a blind carbon copy or the information in a complete separate mailing. Therefore, I'm not sure what the difference would have been. At least this Director chose to include the individual responsible for the activity in the conversation so there would be no assumptions made.

I think you are missing the bigger picture:

Why was this issue discussed via e-mail vs. at the Board meeting between Directors?

Without knowing what the activity was, I can only look at this from one perspective. The right of due process coupled with the legal requirement of open meetings. Personally, I believe that the Director who initiated the e-mail should have approached the individual directly to find out what was going on prior to bringing the issue to the Board. If the Director didn't want to do that, then they should have notified the President to put the issue on the next agenda and to invite the resident in question to the meeting.

My advise to the Board -

a) bring the issue of the activity up at the next board meeting so there is a record and include the e-mails as attachments to the minutes. Address the issue if it needs addressed.

b) Review the requirements of an open meeting

c) Move on, there are far more important things within a Board to spend your time and energy on.

My advise to the Director who started the e-mails -

a) Go talk to the neighbor and offer an apology. They should admit that their was probably a better way to handle it but that they didn't see it at the time. - might not change things between them but then again, it might.

b) Don't hold a grudge with the Director who copied the mail to the resident. They probably did what they thought was best. Even if they didn't (or you believe that they didn't) think they were doing the right thing, you still need to work with them. Accept it as a difference of opinion and move on.

Tim

TamaraS4 (California)
Posts: 21

Posted:

Hi Tim,

Thanks for your thoughtful and detailed response. What I should have been more clear on is that the Director who sent the email lives next door to the resident in question who has been a less than stellar resident. Examples are: moved a hot tub into the backyard with a loud pump and didn't get Board approval first. Director tried to work with neighbor on a way to come up with reasonable usage times since the pump motor could be heard inside the unit. Neighbor ignored all communications, and the Board at the time didn't know how to handle it so they let it go. This same neighbor was then having parties in his backyard that went well beyond the quiet hours of the complex. Again, the Director tried to work with neighber several times before it became a Board matter and the resident was eventually fined.

The reason why the Director is uncomfortable is that the resident in question now looks for petty things to complain to the Board about that Director in every single meeting. I should add the two neighbors got along great until complaints were brought to the Board. Even though other residents have complained about the noise violations of the resident, for some reason he thinks his next door neighbor is to blame for everything.

I know it sounds petty, but the Director who approached me is uncomfortable and fears retaliation from the resident.

We just thought that an email discussion between Board members should stay within the Board unless someone requests others be included.

Since the Director started the email, the resident is again going to think the Director is targeting him... Sigh...

TamaraS4 (California)
Posts: 21

Posted:

Sorry Tim,I forgot to add this email discussion came up in between Board meetings and while it did not necessarily warrant a special meeting, it was of time sensitive nature, hence the start of the email discussion.

TimB4 (Tennessee)
Posts: 21,061

Posted:

Well at least it sounds like nothing really changed between the neighbors ;)

For residents who consistently violate one or more rules, there is probably nothing that can be done to change their perception that someone is out to target them. You may want to include the number of violations in your newsletter (The Board addressed 5 violations this month on 4 lots). This way it can let the individual know that the rules are being enforced on everyone. However, items like that in a newsletter can also give the perception that this is all the board does.

For the enforcers of the Association, be they members of the Board or members of the Committee, the concern of retaliation and/or simple un-neighborliness is always going to be there. This is why some Associations chose to pay someone from outside the Association (be they a management company or independent contractor) to be the go-between. I've actually came close to losing a great member of our Architectural committee due to residents reactions.

Suggest you run an article about what to do if you disagree with the Association in your newsletter. This may help. At the very least, it should show some support for the volunteers.
I've attached an article we ran, which was created with the advise from many on this forum.

Tim

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SusanW1 (Michigan)
Posts: 5,202

Posted:

Only if the board member spoke in an "official" role would this be of concern.

People can email each other all they want, but when it spills over into agenda or potential agenda items should there be an issue.

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